The $93,900 Onboarding Mistake - The Fair Work Information Statement

Let’s talk about something surprisingly risky: the Fair Work Information Statement.

Yes, that 1-pager you’re meant to give all new employees on day 1.

Most business owners think, “Oh yes, that’s in the welcome email somewhere” or “Pretty sure it’s in the induction pack”

But here’s what most don't know: if you don’t give it correctly, and at the right time, you’re technically non-compliant.

And Fair Work doesn’t mess around when it comes to basic entitlements.

Failing to give this document to new staff at the right time is a breach of the Fair Work Act, and penalties can go as high as $93,900 per breach.

Multiply that by a few hires, and suddenly your employee onboarding pack isn’t just incomplete, it’s a legal nightmare.

1. What is the Fair Work Information Statement

It’s a short, plain-English summary of rights and entitlements at work under the Fair Work Act. Every new employee must get the most up-to-date version before or as soon as they start.

There’s also a Casual Employment Information Statement, a separate document, that because of separate rules you must also give to your casual employees.

And here’s where it gets tricky…

“We’ve put it in our onboarding system, so we’re covered”

Right?

Not necessarily.

If your onboarding system links to the Fair Work site, but doesn’t capture when the employee actually received or opened it, you're relying on luck, not proof.

And if an employee ever claims they weren’t told their rights?

Fair Work will ask you to prove otherwise.

In the world of HR, remember: No Evidence = No Leg To Stand On.

2. The Gray Zone Nobody Talks About

Here's the controversial bit: some HR systems don’t even prompt the Fair Work statements as a mandatory step.

That means busy admin staff or rushed managers can skip it completely without even noticing.

Then 6 months down the track, there's a dispute, and you’re exposed.

And if you're hiring casuals, it’s even more risky. The Casual Employment Information Statement sets out Casual Conversion rights. If you don’t provide it, your casual might be entitled to permanent employment and backpay, and you might not even see it coming.

3. What You Should Be Doing (But Probably Aren’t)

Here’s a simple checklist that keeps you out of hot water:

• Download the latest Fair Work Information Statement (they update it regularly),

• Give it to every new employee before or on their first day,

• Use a system that records the date and time they received it,

• Keep a copy of the signed acknowledgment (or email trail) on their file,

Sounds easy, but I’ve seen too many businesses miss this because no one owns the task.

If You’re Thinking “We Should Probably Check Ours”…

You definitely should, and you're not alone.

Most businesses mean well but don’t have time to keep up with every little change. That’s where we come in.

Our HR Compliance Audit includes a full compliance audit, including how you're handling the Fair Work Info Statements.

We’ll go through what you should be doing, fix anything that’s missing, and set up simple systems so you’re covered, without over-complicating things.

Book a free 15-minute consult and let’s make sure this 1-page document isn’t the thing that trips you up.

Get in Touch

Need help? Contact us today - sandra@hrconsultingtas.com.au or 0408 408 225  

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The content provided on this website serves as a general information resource on the subjects discussed, and should not be considered tailored to specific individual circumstances or a replacement for legal counsel. While we exert significant effort to ensure the accuracy of our information, HR Consulting TAS cannot ensure that all content on this website is consistently accurate, exhaustive, or current. Recommendations by HR Consulting TAS and any information acquired from this website should not be regarded as legal advice.